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ABBANATO v. BUREAU EMPLOYMENT SECURITY (01/22/73)

decided: January 22, 1973.

ABBANATO
v.
BUREAU OF EMPLOYMENT SECURITY



Appeal from the Order of the Employer Accounts Review Board of the Pennsylvania Bureau of Employment Security in case of Appeal of Sal Abbanato t/a Colette Fashions, Decision of February 7, 1972.

COUNSEL

Sal Abbanato, for himself, as appellant.

James J. Morley, Assistant Attorney General, with him J. Shane Creamer, Attorney General, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Kramer.

Author: Kramer

[ 7 Pa. Commw. Page 259]

This is an appeal from an adjudication of the Employer Accounts Review Board (Board) of the Bureau of Employment Security, denying a request (made by letter) of Sal Abbanato (Abbanato) trading and doing business as Colette Fashions of Bethlehem, Pennsylvania, for a review and redetermination of his contribution

[ 7 Pa. Commw. Page 260]

    rate into the Unemployment Compensation Fund.

On February 16, 1970, Abbanato purchased from one Myron Levenson certain machinery and equipment used in the manufacture of ladies' garments. On February 17, 1970, Abbanato signed and thereafter filed with the Unemployment Compensation authorities a notarized form entitled "Employer's Initial Statement -- Part II, Business Acquired From a Predecessor." On March 18, 1970, Abbanato and his predecessor in business (Myron Levenson) filed an "Application For Experience Record and Reserve Account Balance of Predecessor." Also on March 18, 1970, these same parties filed an affidavit of Business Transfer with the Bureau of Employment Security. These three forms, all of which Abbanato signed, clearly indicate his intent to continue a part of his predecessor's business. Abbanato clearly requested a transfer of his predecessor's experience record and reserve account balance (the exact amount of which is not shown in the record). On June 10, 1970, the Bureau approved Abbanato's application for the transfer of the experience record and reserve account balance of the former owner.

On June 12, 1970, Abbanato was notified that his employer's contribution rate for the year 1970 was .033. Under the provisions of Section 301(e)(2) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. 2897 (1937), as amended, 43 P.S. ยง 781(e)(2), the determination by the Department of Labor and Industry, through the Bureau of Employment Security, of the employer's rate of contribution becomes "conclusive and binding" upon Abbanato within 90 days after the mailing of notice to him unless he files an application for review. Abbanato did not file such an application for review of the determination of his contribution rate set on June 12, 1970.

[ 7 Pa. Commw. Page 261]

On or about March 31, 1971, Abbanato was notified that his contribution rate for the year 1971 was .040. It was from this latter notification that Abbanato sent his letter requesting a review and redetermination.

Abbanato, who throughout these proceedings has appeared Propria Persona, has not raised any question concerning the calculation of his last contribution rate. The sole question which Abbanato has presented to this Court on appeal is his contention that the Bureau has abused its discretion in not permitting him to withdraw the applications which he filed, and permit him to file new applications which would ...


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